A federal felon-in-possession charge requires proof under the charged statute, including qualifying status, knowing possession, the relevant knowledge requirement, and the required connection to interstate or foreign commerce. [2]
Ownership is not the only issue
Possession can be actual or constructive. Actual possession involves direct physical control; constructive possession concerns the power and intent to control the item without physical custody. A shared residence does not remove the need to prove the defendant’s possession under the applicable theory. [5]
The predicate conviction must satisfy the federal definition. Section 921(a)(20) addresses specified exclusions and convictions affected by expungement, setting aside, pardon, or civil-rights restoration. Express continuing firearms restrictions can matter. A short sentence or a state label alone does not resolve whether the federal prohibition applies. [4]
Sentencing requires a separate review
The applicable penalty can depend on the offense date, charged provision, prior convictions, and enhancement requirements. Do not substitute an outdated maximum or an assumed mandatory minimum for the actual statute. [3]
Obtain the indictment, judgment records, search evidence, and restoration documents. A background-check result is not a conclusive determination of every criminal element. [1]
Practical application
Rehaif requires attention to the defendant’s knowledge of the relevant prohibited status, rather than an assumption that the government must prove knowledge of the statute’s number. The firearm’s connection to interstate commerce is another element. Those issues should be analyzed separately from whether the person actually or constructively possessed the item. Prior-conviction sentencing enhancements involve additional requirements beyond the basic possession charge. [2]
A penalty estimate must use the current provision
Section 924 supplies penalties for covered firearms offenses and includes separate enhancement frameworks. The qualifying prior convictions and statutory conditions for an enhancement require their own analysis. A person should not assume that every conviction labeled a felony creates the same sentencing exposure or that the basic charge always carries an enhanced minimum. Obtain certified predicate records and the offense dates, then compare the actual elements and statutory language. Sentencing guidelines and statutory limits also play different roles; a guideline calculation cannot replace the applicable statutory penalty provision. [1] [2] [3]
The current basic penalty provision for a knowing Section 922(g) violation permits up to fifteen years of imprisonment. A qualifying Armed Career Criminal Act case has a separate enhancement, including a fifteen-year minimum when its statutory requirements are established. [3]
Related questions
Related guidance: Can You Buy a Gun After a Felony Conviction? and 18 U.S.C. 922(g)(1): Felon Firearm Restrictions.
Primary sources
- 18 U.S.C. § 922 — Office of Law Revision Counsel
- Supreme Court: Rehaif v. United States (2019)
- 18 U.S.C. § 924 — Office of Law Revision Counsel
- 18 USC 921: Federal Conviction Definition and Restoration Rules
- Supreme Court: Henderson v. United States, 575 U.S. 622 (2015)
Sources checked: October 31, 2026.